Florida Personal Representative Commission Rules
In Florida, a personal representative earns commissions on estate assets under a statutory cap. Florida Statutes §733.617 sets these rates and governs how courts approve compensation. This section explains how to calculate commissions, why sale proceeds do not trigger a second commission, and how to request additional pay for extraordinary services.
Statutory Commission Rates
- 3% on the first $1,000,000 of disbursements
- 2% on $1,000,001 to $5,000,000
- 1% on $5,000,001 to $10,000,000
- 0.5% on $10,000,001 to $30,000,000
- 0.3% on amounts over $30,000,000
Courts calculate commissions based on the total gross value of distributions the representative actually makes. For full details, see Fla. Stat. §733.617.
Sale Proceeds vs. Original Asset Value
Personal representatives do not earn a second commission when estate property sells. Florida law fixes commissions on the value recorded in the inventory, not on later sale proceeds. Thus, if a home listed for $300,000 sells for $350,000, the commission remains based on the $300,000 figure. See Fla. Stat. §733.617(3).
Extraordinary Compensation
If you perform services beyond regular duties—such as complex litigation, business valuations, or extensive negotiations—you may petition the court for additional pay. You must document the extra work and show why it merits extra compensation. Courts review these claims under Fla. Stat. §733.617(4).
Helpful Hints
- File a timely inventory and appraisal to lock in values (see Fla. Stat. §733.604).
- Keep detailed records of distributions, sales, and fees.
- Document all extra services thoroughly before petitioning the court.
- Meet with a probate attorney for tailored guidance on petitions.
Disclaimer: This article provides general information on Florida probate commissions. It does not constitute legal advice. Consult a licensed probate attorney to address specific issues.